Pub. L. 100-647, tit. VI, subtit. J, pt. IV, sec. 6246

JURISDICTION TO REDETERMINE INTEREST ON DEFICIENCIES.

EnactedYear: 1988Length: 317 wordsOfficial source
SEC. 6246. JURISDICTION TO REDETERMINE INTEREST ON DEFICIENCIES. (a) In General.—Section 7481 of the 1986 Code (relating to date when Tax Court decision becomes final) is amended by adding at the end thereof the following new subsection: “(c) Jurisdiction Over Interest Determinations.—Notwithstanding subsection (a), if— “(1) an assessment has been made by the Secretary under section 6215 which includes interest as imposed by this title, “(2) the taxpayer has paid the entire amount of the deficiency plus interest claimed by the Secretary, and “(3) within 1 year after the date the decision of the Tax Court becomes final under subsection (a), the taxpayer files a petition in the Tax Court for a determination that the amount of interest claimed by the Secretary exceeds the amount of interest imposed by this title, then the Tax Court may reopen the case solely to determine whether the taxpayer has made an overpayment of such interest and the amount of any such overpayment. If the Tax Court determines under this subsection that the taxpayer has made an overpayment of interest, then that determination shall be treated under section 65I2(b)(1) as a determination of an overpayment of tax. An order of the Tax Court redetermining the interest due, when entered upon the records of the court, shall be reviewable in the same manner as a decision of the Tax Court.” (b) Conforming Amendments.— (1) Section 6512(a) of the 1986 Code (relating to effect of petition to Tax Court) is amended by inserting after “section 6213(a)” the following: “(or 7481(c) with respect to a determination of statutory interest)”. (2) Subsection (a) of section 7481 of the 1986 Code is amended by striking out “subsection (b)” and inserting in lieu thereof “subsections (b) and (c)”. (c) Effective Date.—The amendments made by this section shall apply to assessments of deficiencies redetermined by the Tax Court made after the date of the enactment of this Act.
Pub. L. 100-647, tit. VI, subtit. J, pt. IV, sec. 6246: JURISDICTION TO REDETERMINE INTEREST ON DEFICIENCIES. | Justis AI